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The document outlines various legal cases concerning violations of fundamental rights under Articles 20, 21, 24, and 14, addressing issues such as forced narco-analysis, low compensation for land acquisition, free speech, detention without trial, and child labor. Each case concludes with the court's decision, emphasizing the protection of individual rights and the unconstitutionality of certain practices. The document serves as a summary of significant legal precedents and their implications on human rights.

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0% found this document useful (0 votes)
4 views7 pages

Problems

The document outlines various legal cases concerning violations of fundamental rights under Articles 20, 21, 24, and 14, addressing issues such as forced narco-analysis, low compensation for land acquisition, free speech, detention without trial, and child labor. Each case concludes with the court's decision, emphasizing the protection of individual rights and the unconstitutionality of certain practices. The document serves as a summary of significant legal precedents and their implications on human rights.

Uploaded by

manu3636
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

1.

Narco-Analysis Test
Introduction:
This concerns violation of Articles 20(3) and 21 due to forced narco-analysis.

Issues:

 Whether it violates self-incrimination


 Whether it violates personal liberty

Law:
Article 20(3) prohibits compelled testimony. Article 21 protects dignity and mental autonomy.
In Selvi v. State of Karnataka, forced narco-analysis was held unconstitutional.

Application:
The accused was forcibly administered drugs to extract information, destroying free will and mental
privacy.

Conclusion:
The test is unconstitutional; the wife’s petition is maintainable.

🟦 2. Land Acquisition (Low Compensation)


Introduction:
Issue relates to Article 21 and property rights.

Issues:

 Whether low compensation violates Article 21

Law:
Article 300A governs property.
In K.T. Plantation v. State of Karnataka, compensation need not be equal to market value.

Application:
Land was acquired legally for public purpose; only adequacy is challenged.

Conclusion:
Petitioner fails; remedy lies under statute, not Article 21.

🟦 3. Free Speech & Multiple Cases


Introduction:
Article 19(1)(a)- freedom of speech and expression.

Article 19(2) – Reasonable Restrictions Permissible only on grounds of : Public order, decency or
morality, defemation , incitement to offence

Artcle 226 – Power of HC . To prevent Abuse of process, violation of FR, Multiplicity of proceedings.

Issues:

 Whether speech is protected


 Whether multiple cases are valid

Law:
In S. Khushboo v. Kanniammal(2010), moral views are protected.

Application:
Statement is opinion; multiple prosecutions cause harassment.

Conclusion:
Cases will be quashed; petitioner succeeds.

🟦 4. 12-Year Detention Without Trial


Introduction:
Violation of Article 21 (speedy trial).

Law:
In Hussainara Khatoon v. State of Bihar, speedy trial is a fundamental right.

Application:
12-year detention without trial is grossly illegal.

Conclusion:
Petition succeeds; compensation granted.

🟦 5. Extradition & Death Row


Introduction:
Issue under Article 3 ECHR.

Law:
In Soering v. United Kingdom, death row phenomenon violates human rights.
Application:
Extradition exposes accused to mental suffering.

Conclusion:
Extradition barred without assurances.

🟦 6. Special Court Procedure


Introduction:
Concerns Articles 14 and 21.

Law:
In Kartar Singh v. State of Punjab, special procedures are valid if fair.

Application:
No unfairness shown in procedure.

Conclusion:
Challenge fails.

🟦 7. Law Clerk Eligibility


Introduction:
Issue under Article 14.

Law:
In State of J&K v. Triloki Nath Khosa, reasonable classification is valid.

Application:
Restriction ensures quality and uniform standards.

Conclusion:
Petitioner fails.

🟦 8. Civil Imprisonment for Debt


Introduction:
Article 21 and human dignity.

Law:
In Jolly George Varghese v. Bank of Cochin, poverty cannot justify imprisonment.
Application:
No proof of wilful default.

Conclusion:
Detention invalid; petitioner succeeds.

🟦 9. Custodial Death
Introduction:
Grave violation of Article 21.

Law:
In D.K. Basu v. State of West Bengal, custodial violence violates fundamental rights.

Application:
Death in police custody with no investigation.

Conclusion:
State liable; compensation awarded.

🟦 10. Chakma Refugees


Introduction:
Refugee protection under Article 21.

Law:
In NHRC v. State of Arunachal Pradesh, refugees are protected.

Application:
Forced expulsion threatens life.

Conclusion:
Expulsion barred; petition succeeds.

🟦 11. Foreigner Overstay


Introduction:
Issue under Foreigners Act.

Law:
In Hans Muller v. Superintendent Presidency Jail, no right to stay in India.
Application:
Overstay = illegal presence.

Conclusion:
Petitioner fails.

🟦 12. Indigenous Eviction


Introduction:
Article 21 and cultural rights.

Law:
In Samatha v. State of Andhra Pradesh, tribal rights must be protected.

Application:
Eviction without consent destroys culture.

Conclusion:
Eviction invalid; petition succeeds.

🟦 13. Illegal Detention After Release


Introduction:
Violation of Article 21.

Law:
In Bhim Singh v. State of J&K, compensation for illegal detention.

Application:
Detention continued after court order.

Conclusion:
Habeas corpus allowed; compensation granted.

🟦 14. Mass Copying Exam


Introduction:
Natural justice vs academic discipline.

Law:
In Bihar School Examination Board v. Subhas Chandra Sinha, no hearing needed in mass copying.
Application:
Collective malpractice → collective action.

Conclusion:
Cancellation valid.

🟦 15. Legislative Privilege


Introduction:
Balance between privilege and rights.

Law:
In Keshav Singh Reference Case, judicial review allowed.

Application:
Warrant can be challenged on limited grounds.

Conclusion:
Challenge maintainable partially.

🟦 16. Emergency Medical Care


Introduction:
Right to life under Article 21.

Law:
In Parmanand Katara v. Union of India, treatment cannot be denied.

Application:
Doctor delayed treatment → death.

Conclusion:
Violation established; compensation granted.

🟦 17. Child Labour (Match Factory)


Introduction:
Article 24 violation.

Law:
In M.C. Mehta v. State of Tamil Nadu, child labour in hazardous industries prohibited.
Application:
Children employed in hazardous factory.

Conclusion:
Closure valid.

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